New York Environmental Conservation Law Article 40 - HAZARDOUS SUBSTANCES BULK STORAGE ACT

• 40-0101 - Legislative Findings and Declarations.
  The legislature finds and declares that the lands, water and air of New York state constitute an irreplaceable resource upon which is founded the well-being...
• 40-0103 - Applicability.
  This article applies to all storage facilities which are used for the storage of hazardous substances, except that this article shall not apply to any...
• 40-0105 - Definitions.
  1. "Abandoned storage facility" means a storage facility which is no longer being maintained in accordance with this article or the regulations promulgated thereunder. 2....
• 40-0107 - Registration and Fees.
  1. On or before July first, nineteen hundred eighty-seven, the department shall promulgate a schedule of registration fees per storage facility for the cost of...
• 40-0109 - Access to Records and Facilities.
  1. To carry out the purpose of this article and any rule, regulation or order issued thereunder, the department may, at reasonable times: a. have...
• 40-0111 - Corrective Actions and Reporting.
  1. Where a release of any hazardous substance is suspected or appears probable, the department may order the owner to inspect any storage facility, location...
• 40-0113 - Rules and Regulations.
  1. The department, on or before July first, nineteen hundred eighty-eight, shall promulgate rules and regulations to implement this article. Such rules and regulations may...
• 40-0115 - Sales of Hazardous Substances.
  1. The manufacturer or distributor of a hazardous substance must provide the operator of the storage facility which purchases such substances with technical guidance and...
• 40-0117 - Compliance With Regulations.
  It shall be unlawful to operate, maintain or close a storage facility other than in compliance with the regulations promulgated pursuant to this article.
• 40-0119 - Trade Secret Information.
  Disclosure to the public by the department of any information required to be provided under this article which is claimed to be a trade secret...
• 40-0121 - Preemption and Delegation.
  1. Any local law or ordinance which is inconsistent with any provision of this article or any rule or regulation promulgated thereunder shall be preempted....
• 40-0123 - Severability.
  The provisions of this article shall be severable and if any phrase, clause, sentence or provision of this article, or the applicability thereof to any...

Last modified: February 3, 2019